Married couples in Florida often look for simple ways to plan their estates together. One option that sometimes comes up is a joint will. While it may sound convenient, a joint will can create complications that many couples do not expect. Understanding how joint wills work under Florida law—and their potential downsides—can help couples make informed decisions about protecting their assets and loved ones.

What Is a Joint Will?

A joint will is a single legal document created and signed by two people, typically spouses. It outlines how both individuals want their property distributed after they pass away. In most cases, the will leaves everything to the surviving spouse first and then distributes the remaining assets to beneficiaries after the second spouse dies.

Unlike separate wills, a joint will combines both spouses’ wishes into one document. This structure can seem appealing because it appears straightforward and unified.

Are Joint Wills Recognized in Florida?

Florida law does not prohibit joint wills, but they are relatively uncommon and often discouraged in modern estate planning. Courts in Florida generally prefer individual wills or other planning tools that offer more flexibility. While a joint will can be legally valid, it may raise legal questions—especially if the surviving spouse wants or needs to make changes later.

Potential Advantages of a Joint Will

Some couples consider a joint will because it offers perceived benefits, such as:

• A single document covering both spouses’ wishes
• Lower upfront drafting costs
• A sense of shared decision-making

For couples with simple estates and identical goals, these advantages may seem appealing at first glance.

Key Drawbacks of Joint Wills

Despite their simplicity, joint wills often create more problems than they solve. Common concerns include:

• Lack of flexibility: After one spouse passes away, the surviving spouse may be restricted from changing the will, even if circumstances change.
• Changing family dynamics: Remarriage, new children, or strained relationships can make the original terms impractical or unfair.
• Legal disputes: Beneficiaries may challenge whether the joint will was intended to be binding, leading to costly litigation.
• Outdated planning: Joint wills often fail to account for tax planning strategies, trusts, or asset protection options commonly used today.

In Florida, these issues can complicate probate and delay asset distribution.

Why Separate Wills Are Often Better

For most married couples, separate wills provide greater clarity and control. Each spouse can tailor their will to their own assets while still coordinating overall estate planning goals. Separate wills also allow the surviving spouse to update their plan as life changes, without legal uncertainty.

Many couples also benefit from tools such as revocable living trusts, beneficiary designations, and powers of attorney, which can work alongside

individual wills to create a more complete plan.

When Estate Planning Becomes More Complex

If a couple owns significant assets, has children from previous relationships, or wants to plan for long-term care, a joint will is rarely sufficient. Florida estate planning laws offer many options that can better address these concerns while reducing the risk of disputes.

Getting Guidance Before Deciding

Estate planning decisions can have lasting consequences for surviving spouses and family members. Before choosing a joint will—or ruling it out—it is important to understand how Florida law applies to your specific situation

At Michael Greenwald, P.A., we can provide legal assistance to the Broward County public by helping married couples explore estate planning options that align with their goals and protect their future.